It's the pilots fault
Every commercial jet flying in US airspace is required to have a TCAS (Traffic Collision Avoidance System) that is basically a radar that informs it of surrounding aircrafts and provide audio warning if one gets within a certain proximity. It's mandatory in all aircrafts flying in US airspace by FAA airworthiness directive since 1996. So basically an air traffic control mistake can't cause any mid-air collisions anymore even if he tries to.
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